Do I Need a Will If I Own Property Jointly?

Owning property jointly does not remove the need for a will. In this article we cover how joint ownership works and why a will is still essential.

Do I Need a Will If I Own Property Jointly?

Yes, you still need a will if you own property jointly. How your share of the property is treated on death depends on the type of joint ownership and without a will, your wishes may not be followed.

What Does Joint Property Ownership Mean?

When two or more people own property together, they usually hold it as either joint tenants or tenants in common. This legal distinction is crucial when it comes to inheritance and estate planning.

Many people assume that owning property jointly means it will automatically pass to their partner. This is not always the case.

Joint Tenants and Wills

If you own property as joint tenants, the property passes automatically to the surviving owner when one owner dies. This is known as the right of survivorship.

In this situation, your share of the property does not form part of your estate and cannot be left to someone else in your will. Even so, a will is still essential to deal with your savings, possessions and other assets.

Tenants in Common and Wills

If you own property as tenants in common, each owner has a defined share. Your share does form part of your estate and can be left to whoever you choose in your will.

Without a will, your share will be distributed according to the intestacy rules, which may not reflect your wishes and could exclude unmarried partners.

What If I Own Property With an Unmarried Partner?

This is a common situation where a will is especially important. Intestacy rules do not automatically provide for unmarried partners, even if you have lived together for many years.

A will ensures your partner can inherit your share of the property or be adequately provided for after your death.

Can I Change How My Property Is Owned?

Yes. In many cases, joint tenants can choose to sever the joint tenancy and become tenants in common. This is often done as part of estate planning, especially where owners want to leave their share to children or other beneficiaries.

A solicitor can advise whether this is appropriate and ensure it is done correctly.

Frequently Asked Questions

Do I need a will if my property passes automatically to my partner?

Yes. A will is still needed to deal with other assets and to plan for future circumstances.

Can my will override joint ownership?

No. Joint tenancy passes automatically, regardless of what a will says.

What happens if I die without a will and own property as tenants in common?

Your share will be distributed under intestacy rules, which may not match your wishes.

Should I get legal advice about joint ownership?

Yes. Understanding how your property is owned is key to effective estate planning.

Wills are Essential for Joint Property Owners

Owning property jointly does not remove the need for a will. Understanding how your property is held and putting clear instructions in place helps protect your family and avoids uncertainty.

For advice on wills and joint property ownership, contact RJM Solicitors. Call 01685 37 37 21 or email info@rjmsolicitors.co.uk to arrange a consultation with our Wills and Probate team.